Carriage by Air Act, 1972
No: 69 Dated: Dec, 19 1972
THE CARRIAGE BY AIR ACT, 1972
ACT NO. 69 OF 1972
An Act to give effect to the Convention for the unification of certain rules relating to international carriage by air signed at Warsaw on the 12th day of October, 1929 and to the said Convention as amended by the Hague Protocol on the 28th day of September, 1955 and also to the Montreal Convention signed on the 28th day of May, 1999 and to make provision for applying the rules contained in the said Convention in its original form and in the amended form (subject to exceptions, adaptations and modifications) to non-international carriage by air and for matters connected therewith.
BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Carriage by Air Act, 1972.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(i) “amended Convention” means the Convention as amended by the Hague Protocol on the 28th day of September, 1955;
(ii) “Convention” means the Convention for the unification of certain rules relating to international carriage by air signed at Warsaw on the 12th day of October, 1929.
(iii) “Montreal Convention” means the Convention for the unification of certain rules for international carriage by air signed at Montreal on the 28th day of May, 1999;
(iv) “Annexure” means the Annexure to this Act.
3. Application of Convention to India.—(1) The rules contained in the First Schedule, being the provisions of the Convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this Act, have the force of law in India in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage.
(2) For the purpose of this Act, the High Contracting Parties to the Convention and the date of enforcement of the said Convention shall be such as are included in Part I of the Annexure.
(3) Any reference in the First Schedule to the territory of any High Contracting Party to the Convention shall be construed as a reference to all the territories in respect of which he is a party.
(4) Any reference in the First Schedule to agents of the carrier shall be construed as including a reference to servants of the carrier.
(5) The Central Government may, having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette, add to, or, as the case may be, omit from, Part I of the Annexure, any High Contracting Party and on such addition, or as the case may be, omission, such High Contracting Party shall be or shall cease to be, a High Contracting Party.